BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1316|
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CONSENT
Bill No: AB 1316
Author: Harkey (R)
Amended: 4/16/13 in Assembly
Vote: 21
SENATE ELECTIONS & CONSTITUTIONAL AMEND. COMM. : 4-0, 6/4/13
AYES: Anderson, Hancock, Yee, Torres
NO VOTE RECORDED: Padilla
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 5/9/13 (Consent) - See last page for vote
SUBJECT : Election ballots: identical candidate names
SOURCE : City Clerks Association of California
DIGEST : This bill requires the elections official, if two or
more candidates with similar names file nomination papers for
the same office, to assign each such candidate a number based on
the order in which the candidates filed their nomination papers,
and further requires that the first candidate be assigned the
number "1", with each subsequent candidate with a similar name
being assigned the next number in numerical sequence.
ANALYSIS :
Existing law:
1.Authorizes a person who is a candidate for any office to file
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a statement with the county elections official attesting to
his/her belief that some other person with a similar name that
may be confused with his/her name has filed or will file a
nomination paper for the same office and requesting that a
number be printed with his/her name on the ballot as a
distinguishing mark.
2.Sets forth the type and placement requirements with respect to
the distinguishing mark.
3.Requires the elections official to place a warning that there
are candidates for the same office with identical names on the
ballot, any sample ballot, ballot pamphlet, or other mailing
sent by the official.
This bill:
1.Requires the elections official, if two or more candidates
with similar names file nomination papers for the same office,
to assign each such candidate a number based on the order in
which the candidates filed their nomination papers, and
further requires that the first candidate be assigned the
number "1", with each subsequent candidate with a similar name
being assigned the next number in numerical sequence.
2.Eliminates the requirement that the candidates' distinguishing
numbers and certain warning language must be printed in
boldface type.
3.Requires the elections official to conduct a randomized
drawing of the numbers assigned to the candidates in order to
determine the order in which candidates' names will appear on
the ballot.
Background
Existing law requires the elections official, whenever there are
two candidates with similar or identical names, to print a
number that distinguishes one candidate from the other, in large
boldface type to the left of the candidates name on the ballot.
In addition to printing the number next to the candidates name,
a warning message is also required to be prominently printed in
boldface type preceding the candidates' names. Not all
equipment used for the printing of election materials is
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designed to accommodate boldface typesetting or varying font
sizes. Counties facing this requirement for the first time may
encounter problems absorbing this additional expense.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/21/13)
City Clerks Association of California (source)
Secretary of State
California Association of Clerks and Election Officials
League of California Cities
ARGUMENTS IN SUPPORT : According to the author's office,
Election Code 13118 has proven to be problematic for city
officials and candidates for a couple of reasons.
First, the statute fails to state which numbers are eligible to
be placed next to the names of identically-named candidates on
the ballot. Because a candidate may choose their own number,
the City of San Clemente experienced difficulty when candidates
began using this process to vie for preferred placement on the
ballot, bringing up questions pertaining to negative numbers, a
number's length, or whether or not "0" is a number.
This bill specifies that the distinguishing mark would be
assigned in the same order that the candidates file their
nomination and statement. The elections official will make
their assignments using the number "1," and continue in
numerical sequence until each candidate has been distinguished
from the others.
This bill removes the requirement that large, boldface type be
used to warn the voter, and require a drawing of numbers to
determine positioning on the ballot.
This bill is necessary because clarification of Election Code
13118 will allow for a smoother and more cost-effective election
process for candidates, election officials - and most
importantly, voters.
ASSEMBLY FLOOR : 75-0, 5/9/13
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AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hernández, Jones,
Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Torres, Wagner, Weber, Wieckowski, Wilk, Williams,
Yamada, John A. Pérez
NO VOTE RECORDED: Donnelly, Holden, Logue, Waldron, Vacancy
RM:nl 6/25/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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